| Please
scroll through the following to see if your
question is answered. If not, a link to our
contact page is at the bottom of the page.
Questions about
OurDivorceAgreement.com:
What do I get with my purchase of
OurDivorceAgreement.com?
How is OurDivorceAgreement.com
different from other sites?
Will this site work for my
state/province/country?
What is
your refund policy?
What is
your 110% guarantee?
We have no
major credit cards! Can we send in payment by
money order?
How do I know your site and credit
card process are secure?
How long
does it take to complete the site?
Does the fee for the site include the Court filing fees?
Is there any
time limit for our use
of the site?
Do we both use the same login
ID and password?
Do we have to wait until we
complete all forms before printing out documents?
Do
we have to list our assets/debts?
Must
we complete Financial Forms?
Can I use this site for
legal advice?
Can we work on the site from
two different locations at the same time?
Can this site be used for an
annulment of marriage instead of a divorce?
Can this site be used for
a legal separation instead of a divorce?
What's the difference between a legal
separation and a separation agreement?
Can I let a friend use my
registration by changing the names and other personal information?
Questions involving
your spouse:
Can we use
your site if one spouse is in the military or out of the country?
What
if I
can't locate my spouse?
What if my spouse is uncooperative?
Can this site be used by
unmarried couples with children?
Can this site be used by
Gay/Lesbian couples who are separating?
Can
I register for this site without my spouse knowing yet?
What if we disagree on some items?
Can I use
the site to create an initial proposal that I can use to
begin discussions and the divorce process?
We have no
children together. Is there a version of your site
that does not include child custody information?
What if my divorce is (or becomes) adversarial?
Questions about the
courts and filing:
In
which state should we file for divorce?
Do I file in the state of marriage?
How long
does it take for the divorce to become final?
How much are the court filing fees?
Do
I/we have to appear in Court if we use this site?
Do we have to comply with the waiting
period if we use this site?
What if the court doesn't accept my
filing forms?
Do
we HAVE to have separate attorneys review the completed
document before signing and submitting it to Court?
Can we file a divorce in
NY/NJ under grounds for divorce other than no-fault?
Q: What do I get with my purchase of
OurDivorceAgreement.com?
A: After completing a series
of self-guided forms, OurDivorceAgreement.com provides your
complete divorce agreement, financial disclosure documents
and state filing forms required by the court. The site also generates a
spreadsheet, listing the division of your assets and liabilities
to further assist you.
All for one price for unlimited use
of the site. Everything is available to you
immediately. No waiting for your documents.
Q: How is
OurDivorceAgreement.com different from other sites?
A: The
difference between our site and others is that everything is
available immediately on our site. Our three
step process is interactive and it guides you to instantly
create your documents. The filing forms are in
different formats depending on the state but are also
instantly available to you. With the other site, you
have to wait for them to send you your documents. In
addition to that, our agreement portion is incredibly
complete, serving as a checklist of things to consider for
your divorce -property and child issues (if you have minor
children). In fact, we guarantee you won't get a more
comprehensive divorce agreement. (see our guarantee on
the homepage.)
Q: Will this site work for my
state/province/country?
A:
OurDivorceAgreement.com
currently has the court filing forms for completing your
divorce for all of the states of the US
and Australia, all
provinces of Canada except Quebec, the countries of
England, Ireland and Wales in the UK, as well as the Bahamas
and the Cayman Islands. In countries for
which we currently do not provide filing forms, our
Agreement document should still work for you. You could simply
have one of the attorneys reviewing your Agreement
(recommended) supply the mandatory filing forms.
Q:
In which state should we file for divorce?
A:
Each
state has it’s own residency requirements and waiting
period for divorce.
Please
click on our Quick
Reference Page to view the residency requirements and
waiting periods of many/most US states. It
is also much easier if the two of you can agree on where you
want to file.
If both of you can file in your respective states, we
usually suggest that the one most motivated to get the
divorce be the one who files.
However, we can accommodate you with what you need no
matter the state in which you decide to file.
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Q: Do I file in
the state of marriage?
A: Actually you do not file
in the state you were married; you file in your state of
residency. Each
state has it’s own residency requirements and waiting
period -
the time period between the date of filing and the date the
divorce can become final.
Please
click on our Quick
Reference Page to view the residency requirements and
waiting periods of many/most US states.
It
is also much easier if the two of you can agree on where you
want to file.
If both of you can file in your respective states, we
usually suggest that the one most motivated to get the
divorce be the one who files.
However, we can accommodate you with what you need no
matter the state in which you decide to file.
Q:
What if I
can't locate my spouse?
A:
The
reality is that you will be able to get a divorce at some
point in time.
Each jurisdiction has different procedures concerning how to
proceed if you cannot locate the other spouse.
To find out how in your jurisdiction, please contact the
clerk of the divorce court in your jurisdiction. For many court
websites, click
http://www.ncsconline.org/D_KIS/info_court_web_sites.html.
If
your court is not listed there, do a web search with
"(your county) (your state) divorce
court" or simply look it up in the yellow/blue pages of
your telephone book.
Q:
What if my spouse is uncooperative?
A: The
reality is that you will be able to get a divorce at some
point in time.
The question will be after how long and at what
expense.
My first suggestion would be for you to appeal to
your spouse that that the divorce will happen and that you
have found a way to make things go quicker and much less
expensively.
If they are not convinced, you can use the site to
create a draft agreement that you could present to them to
see if that eases some of their concerns (I realize that her
refusal to cooperate may be simply that they doesn’t want
the divorce, not based on settlement terms, but sometimes a
draft agreement eases fears and can start the conversation
rolling.)
If you cannot reach agreement through the use of the
site, I can mediate any remaining issues by tele/video-conference
with the two of you (or you could secure the services of a
local mediator). Our site allows you to isolate items
of disagreement and specifies what your respective positions
are on the issue. I can access your information, and easily
see what you disagree on and help you address those issues
quickly, positively and inexpensively.
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Q: How long
does it take for the divorce to become final?
A:
Each
state has residency requirements
and waiting period for divorce.
Please click on our Quick
Reference Page to view the residency requirements and
waiting periods of many/most US states.
Q: How long
does it take to complete the site?
A:
Some couples complete the site in one sitting.
Some over time. It depends on how complex your situation is, how much
you want/need to discuss the different options, etc.
You can go as fast as you want.
It's up to you. Sorry we can’t be more
specific but it really does depend on each situation (i.e.
kids,
lots of assets, etc.)
Q:
Do we have to list our assets/debts?
A: Please
note that everything the two of you have accumulated
together and separately during the marriage could be considered
marital property and should be divided using our site. This
is still true regardless of whose name it is listed or
whether you were
together at the time of accumulation. So if you truly have
no cars, bank accounts, credit cards, furniture, etc either
together or separately then you can simply check the
"we have no" checkboxes at the top of each page in
step 1. Our site guides
you to list your assets/debts, even if you have already
physically divided them or agree on their division.
The default assumption
in a divorce is that all marital assets and debts are split
equally. Whether you or your spouse "have"
an asset is not the issue. Each of you have a claim to
50% of the total. To keep disagreements from arising
down the road, the safest thing is to spend a few minutes
telling the court exactly who is taking what. That
way, there is no question later on. Remember, the
court assumes that everything accumulated during the
marriage belongs to both. Just because it is sitting
in an account with your name on it, doesn't mean it's yours
when you're married. Please check this out with your
attorney when you have them review your document.
Our site gives a quick way
to list the assets/debts in simple web forms set up by
category. If you don't have an item in a category
(i.e. securities, etc.) you simply check a box that says
"we have no securities" and then our site
automatically merges your data into an Agreement acceptable
by the Court. So if you take a few minutes with our
site, it could save you months and thousands of dollars down
the road.
Q:
Must we complete the Financial Forms?
A:
Most all states require a financial disclosure statement
from husband and wife, which is a sworn statement of your
assets and liabilities.
This is taken so one spouse does not hide assets of
the marriage. There
is then a penalty for not disclosing assets.
Some
states may waive this requirement in certain circumstances
(i.e. no children, no assets, etc.)
We can only recommend that you do certain things
based on our experience.
If you definitely do not wish to do this section,
contact the clerk of the divorce court in your jurisdiction
and see if they require “financial disclosure
statements” for divorcing couples in your circumstances.
If they do not, you may do as you wish.
Q: Can we use
your site if one spouse is in the military or out of the country?
A:
Yes,
your situation is perfect for our site. Assuming you
have lived in your jurisdiction for the required residency period you can
use the site no matter where the other spouse is residing. Information
about The residency requirement and the waiting period for
your state can be found on our Quick
Reference Page.
And with our site, you can both go online
to work on the site. If you have a reasonably priced
phone plan or an internet phone service, you can even be on
the site at the same time and talk about each category.
Or
one spouse can use the site to create a draft agreement to
present to the other spouse. Since your purchase gives
you unlimited use of the site, you can keep going back and
forth as long as needed until you get everything the way you
want it. Then the overseas spouse can print and sign
everything and send it to the state-side spouse to
file. We also have a recommended process server, who
can file your papers with the court for an additional fee. plus the court
filing fees.
Q: Does the
fee for the site include the Court filing fees?
A: No. Each
state sets its own filing fee for divorce. Please
contact
the Clerk of the Court that handles divorces in your county to inquire what the filing fee is in yours.
These are paid by you at the time you file your documents.
It is our best information that no online divorce site
includes the cost of filing in the price of their
product/service.
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Q: Do
I/we have to appear in Court if we use this site?
A:
Each
state and each court has it’s own requirements for whether
or not couples filing an uncontested divorce must appear in
court.
Some allow them to simply properly file the necessary
paperwork. Others require a court hearing.
The clerk of your county divorce court that you want
to file in should be able to tell you. For
many court websites, click
http://www.ncsconline.org/D_KIS/info_court_web_sites.html.
If
your court is not listed there, do a web search with
"(your county) (your state) divorce
court" or simply look it up in the yellow/blue pages of
your telephone book.
Q: How
much are the court filing fees?
A: The
Court filing fees are to be paid to the court clerk at the
time of filing.
You may contact the clerk of your court that handles
divorces in your county to find out how much this fee is in
your state/county.
Some court websites are listed at http://www.ncsconline.org/D_KIS/info_court_web_sites.html.
See if yours is listed there. Courts vary as to
whether you may simply file your documents with the clerk or
appear before the judge.
The clerk of the divorce court in your county will
also be able to answer this question.
Q: What is
your refund policy?
A:
Once
someone enters the purchased area of OurDivorceAgreement.com,
one has immediate access to every bit of information we
offer divorcing couples. Therefore, we
have a strict no refund policy. We offer all of the
information we can to you in order to make an informed
decision about what our site can offer you. Please review the information
portion of the site carefully before you make a
purchase. If you have questions that are not answered
on the site or here, please feel free to contact us at support@ourdivorceagreement.com
with your specific question.
Q: What is
your 110% guarantee?
A: If
you purchase our site and demonstrate that you have found a more
comprehensive, we'll
refund 110% of your purchase price, guaranteed!
Because
with our site, a purchaser gets all of the state
required documents for divorce, we have a no refund policy. In exchange
for our clients' agreement to our no refund policy, with their
purchase of OurDivorceAgreement.com we commit to stick with them
until they get what they need to divorce. We have
always been able to get a client what they needed to divorce
as long as they worked with us.
The
vast majority of our clients complete their divorce with no
difficulties whatsoever. On occasion (and they are so
rare, I am able to assist each of them personally) a court
will ask for something done a slightly different way.
In those cases, we stick with our clients until they get
what they need to divorce. You certainly would be no
exception and you have my word on that.
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Q:
Do we HAVE to have separate attorneys review the completed
document before signing and submitting it to Court?
A:
We
recommend that once you create your draft agreement that
both parties take it to separate attorneys for a one hour
legal review to make sure it's in both of your best
interests.
We cannot "make" you do this, only suggest
it as inexpensive "insurance" for what is for most
people one of the most important financial transaction made
during a lifetime. If you choose not to do this, you simply
leave the lawyer's lines blank in your agreement and filing
forms.
You will not need an attorney to file your
documents.
The
use of our site is not a substitute for sound legal advice.
But it IS an excellent substitute for hiring two
attorneys to handle an entire divorce. Using our site,
couples can craft their own comprehensive agreement,
generate their filing forms and submit these directly to the
court themselves, saving thousands of dollars, months/years
of time and great turmoil along the way for the couple and
their children.
Q: We have no
major credit cards! Can we send in payment by
money order?
A: Yes. (just to be
sure you know, we also accept American Express and Discover in
addition to Visa and Mastercard) we can accommodate your
request. Please send a money order forthe full
amount to: Mediation First; 6167 E. Speed Rd. Milltown, IN
47145. Please include your email
address and phone number and we'll contact you when we
receive payment to complete your registration.
To make the
registration move quicker, please include
with payment hard copies of the guidelines form, the
login/password form, and the client registration form, filled
out completely. You do this by simply clicking on one
of the "order now" buttons on the OurDivorceAgreement.com home page,
completing each page and with each one, click edit, select
all, copy, then paste the results into MS Word and print out
each of the pages.
You may also
paste these pages into email format and email them to us at support@ourdivorceagreement.com.
Include in the body of the email your requested
login/password. Once your payment has been received, we will register you,
using the information you provide, and will notify you as
such.
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Q: We have no
children together. Is there a version of your site that does not include child custody information?
A: Yes.
In the registration, there is a place to mark "no
children" and the site deletes any references to
child-related issues. You then focus exclusively on
the property issues, which are very complete - from the
typical autos to frequent flyer miles and country club
memberships!
Q: Can this site be used for an
annulment of marriage instead of a divorce?
Q: Can this site be used for
a legal separation instead of a divorce?
A:
Yes.
Our agreement document (with a minor change in title)
lends itself very well this situation.
Information about which states we have filing forms for legal separations can be found on the following page:
http://www.ourdivorceagreement.com/quick_ref_state_q&A.htm
This link also includes
the residency requirements and waiting period information
for many states.
Legal
separation is pretty common on our site. The language in the Agreement document that is generated by the site
uses the words, "Petition for Dissolution," but
the document can be copied into MSWord and the term
changed to "Petition for Legal Separation."
The issues that you need to consider for legal
separation are the same ones that need to be considered
for divorce. If you want to roll the legal
separation into a divorce later on, you can amend your
Agreement that you have in place if needed, as you will
have indefinite access to your file in ODA.com.
However, our site provides the court filing forms
for divorce only for most states/provinces. Please
contact us with your state/province and we will tell you
if we have the filing forms for your jurisdiction.
Otherwise, you would need to secure the
filing forms for a legal separation from another source or a local attorney.
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Q: What's the
difference between a legal separation and a separation
agreement?
A: A
legal separation is a process different from divorce that
separates your assets/debts and stops the clock on marital
accumulation of assets.
Some people get a legal separation when they are not
sure they want to divorce. A legal definition for legal
separation can be found at http://www.legal-definitions.com.
We
have the filing forms for legal separation for some states
but not all. To check for your state click on the link below
which will give you information on whether or not we have legal
separation documents for your state (as well as the
residency requirements and waiting period.
http://www.ourdivorceagreement.com/quick_ref_state_q&A.htm
The
term legal separation is sometimes confused with the
“separation agreement” of the divorce process.
A separation agreement is the statement of your
division of assets and debts (and child issues if you have
children). We offer a separation agreement as part of our package for
divorce in all states.
Q: Is there any limit
for our use
of the site?
A: Your
one time payment of the site fee entitles you to unlimited
use of the site. You may continue to make changes and
corrections to the site as long as you wish. You can
even use the site to modify your Agreement after the divorce
if you have minor children. We do not however, have the
filing forms for modifications, just for
divorce.
Q: Can we work on the site from
two different locations at the same time?
A: Yes, you can. You
may discuss your choices by phone as you work from two
different computers at the same time. You would both
login with the same password and you would designate one of
you as the "entry person." Each time the
entry person makes a selection that you both agree with, the
other person will click "refresh" on his/her
browser and the entry will be displayed. You may do
this throughout the site. Care needs to be taken that
you are both not entering choices. This will create
conflicting results.
Q: Do we both use the same login
ID and password?
A: Yes. Each couple is
treated as one "client couple." You will need to
share the same Login ID and password for the duration of
your use of the site.
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Q: Do we have to wait until we
complete all forms before printing out documents?
A: No, you can print out a
sample document with the items that you have completed at
any time. If you are printing the Agreement Document
before completing all of the forms, you will receive a
warning message, but you will be able to review your work at
any point in time.
Q: Can I let a friend use my
registration by changing the names and other personal information?
A: The site is designed for
use by one couple only. Once you have entered your
profile information, it cannot be changed without permission
secured through our office. One purchased use of the
site is to be used by one couple.
Q: Can this site be used by
unmarried couples with children?
A: Yes. Simply click
the check box in the registration profile that is labeled,
"unmarried/separating" and the proper language for
your situation will be inserted in the Memorandum of
Understanding.
Q: Can this site be used by
Gay/Lesbian couples who are separating?
A: The range of issues and
decisions dealt with on the site do apply to
Gay/Lesbian/Transgender (G/L/T) couples. We have
crafted an Agreement format that should work for most such
situations. Follow the instructions above for
unmarried couples. Since the law is evolving in this
area, it is particularly important for G/L/T couples to
secure independent legal advice before attempting to file
their Agreement with a Court in their jurisdiction.
At the time of the development of
this site, we are unfamiliar with terms that refer to the
individuals of G/L/T couples in a way that
"husband" and "wife" work for
heterosexual couples. Therefore, at the outset of the
use of the form, a G/L/T couple will need to designate each
as "husband" or "wife" and remain
consistent throughout the site. We are open to other
ways of handling this situation in a way that honors all
couples and all sexual orientations. Please contact us
at the email address below with your feedback.
Q: Can I use
the site to create an initial proposal that I can use to
begin discussions and the divorce process?
A: ODA.com is set
up to handle such an application. The spouse who wants
to use the site for creating an initial proposal needs to
register, complete the guidelines agreement process by
checking and initialing his/her box and checking the spouses
box and placing "XXX" in the initials box for the
non-participating spouse. The participating spouse
then may place his/her email address in the client
registration form for both spouses so that no notice is sent
to the non-participating spouse upon registration. The
participating spouse should then email us with the login and
his/her name and state that the site is being used to create
an initial proposal. We will keep this statement on
file. The site may then be used to create the
proposal.
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Q: Can I use this site
for legal advice?
A: As
a divorce agreement preparation site, we are prohibited from
giving legal advice, however we do have some resources for
you.
A link to the divorce laws of all 50 US states is at http://www.law.cornell.edu/topics/Table_Divorce.htm.
You
might also contact legaladviceline.com, who will answer any
legal question for $34.95.
They also can provide low cost legal representation
in any state. I should tell you that with the low
price, I have heard some iffy things about their level of
customer service. But they should be okay with a quick
question and at that price you are not risking too much.
Otherwise, you will need to contact an attorney in
your state.
Many will set up an initial consultation at no charge
or will answer a couple of questions prior to setting up an
appointment.
Then, once you get your questions answered, I would
encourage you to come back to OurDivorceAgreement.com to
complete your divorce paperwork.
Q: Do we have to comply with the
waiting period if we use this site?
A: Unfortunately,
the use of our site does not exempt a couple from the laws
regarding divorce in a state, including the waiting period.
Some states allow for a waiver of the waiting period
if a couple doesn’t have minor children or for other
extraordinary reasons. What
many people do is purchase our site, complete the Agreement
and filing forms, take them to the courthouse to do what
they can now (if anything) then wait the required waiting
period if necessary. Here is a website with the web contacts
of many courts across the US
http://www.ncsconline.org/D_KIS/info_court_web_sites.html.
Here is another useful website with the divorce laws
of all 50 US states:
http://www.law.cornell.edu/topics/Table_Divorce.htm.
Q: Can
we file a divorce in NY/NJ under grounds for divorce other
than no-fault?
A: With
our site, we can accommodate you for any of the NY/NJ
grounds for divorce for which you qualify.
However, the successful use of our site does assume
the two of you can agree on the division of your property,
assets, debts and child issues (if you have minor children
together) of your uncontested divorce in terms of the
Agreement document.
NY
has one of the longest periods for an uncontested divorce in
the US (second only to NJ). Our best information is
that using the grounds of an uncontested divorce in NY, one
must live under the terms of a Property Settlement Agreement
that has been filed with the Court for one year (eighteen
months for NJ.) People who purchase our site who have
not fulfilled the above requirement usually purchase our
site, complete the agreement portion and filing forms, file
what they can now, and then wait the required period to file
the remainder of the filing forms. The other grounds for NJ
are Adultery, Desertion, Extreme Cruelty, Drug Addiction,
Institutionalization, Imprisonment, Deviant Sexual Conduct.
Other grounds for NY are Cruel or Inhuman Treatment,
Abandonment, Confinement to Prison, and Adultery.
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Q: How do I know
your site and credit card process are secure?
A: You
are wise to ask about this for any purchase.
Although no purchase process is absolutely failsafe,
our credit card process is secure as is our database for the
information you enter on our site.
You use a login/pw that you select initially to enter
your account each time you work on the site.
We have not had a security breach in the 3-1/2 years
we have been in operation and work to stay current with new
technology to keep it that way.
Q: What if my
divorce is (or becomes) adversarial?
A: Our
site can still be of use to you and save you money in one of four
ways:
1)
You might coax your spouse to negotiate with you on some
issues, even if he insists on litigating others. Any
issues you resolve using the site will save you time and
money ten times over compared to the process of having
attorneys negotiate with each other. You
can both get on the site at the same time - on the same
computer or different computers by talking on the phone -
and work through our simple forms to reach agreement.
Those agreements are recorded for you automatically into an
Agreement format.
2)
You can create a draft agreement and give it to your spouse
as the starting point in negotiations that could end up the
basis of a final agreement on most/all issues.
3)
You could use the site to tell the attorney exactly what you
want out of the divorce. You simply complete the steps
above to create a draft agreement.
4)
If the attorneys are able to negotiate a resolution, you
could write up the agreement using our site. You also have
the filing forms to use to file your divorce agreement with
the court. So you would need less time from the
attorneys.
Q: What if the
court doesn't accept my filing forms?
A: Our
site gives you all of the state filing forms for your
jurisdiction. Your county or divorce court within the
county may have a couple of additional forms that they
require. These are usually minor demographic forms
that are easily completed when you go to the courthouse to
file the forms you create on our site.
Over the two years plus that our site has been
online, we have experienced only a couple of situations
where courts had additional requirements over and above the
locally required forms. In those couple of incidents,
we have stuck with our clients until we have gotten them
what they needed. We
are committed to helping our clients get what they need to
divorce. You would certainly be no exception.
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Q:
Can I register for this site without my spouse knowing yet?
A: Our
site is designed for relatively cooperative couples who can
agree on most/all of the issues of their divorce. However,
you can use the site to create a draft agreement that you
could present to him to see if he agrees to the terms
you propose. Then, the beauty of our site is that you
can keep going back and forth into the site, changing things
until you have and Agreement that you are both comfortable
with. Then you
can print out your filing forms and submit it to Court.
To
register yourself to create a draft proposal without him
knowing about it until you are ready: Put
your initials instead of theirs for "husband" or
"wife" on the Guidelines registration page (first
one when you click "order now"), put their name
and address on the client information registration page (the
one after you put your credit card information), then be
sure to put YOUR email address in the field that is for his
email address (otherwise they will get a confirmation email
with the login/pw you accepted; not a good way to find out a
divorce is in the works! ;) Then create your draft
Agreement and fill out what you can. Get an Agreement
you can both live with. Complete the filing forms.
Then submit them to Court.
Q: What if we disagree on some
items?
A: First,
you can use the site to create a draft agreement that you
could present to your spouse to see if the two of you can
reach agreement on the terms of your divorce. The
beauty of our site is that you have unlimited use of it,
enabling you to keep coming back to make changes until you
get the Agreement the way you both want it. If you
have minor children, you even have access to the site for
post-divorce modifications to the child portion.
Perhaps you can
appeal to your spouse that that the divorce will happen and
that you have found a way to make things go quicker and much
less expensively. If they are willing to be reasonable and
compromise to find a mutually agreeable solution, the site
should work great for you.
If you cannot reach
agreement through the use of the site, I can mediate any
remaining issues by desktop video-conference or
teleconference with the two of you (or you could secure the
services of a local mediator). Our site allows you to
isolate items of disagreement and specifies what your
respective positions are on the issue. I can access your
information, and easily see what you disagree on and help
you address those issues quickly, positively and
inexpensively. The unlimited use
of the ODA.com website is $149. My hourly fee for the
teleconference mediation would be $150. per hour.
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